On September 24, 2019, the United States Department of Labor’s Wage and Hour Division issued its long awaited Final Rule modifying the regulations contained in 29 C.F.R. Part 541, which pertains to the “white collar” exemptions to the Fair Labor Standards Act.

A recent appellate decision in Castro v. Malia Realty may lead to more unified trials in New York’s Second Department, a large venue that encompasses Brooklyn, Queens, Long Island, Staten Island, and several Upstate New York counties. 

California recently enacted Assembly Bill 5, which dramatically alters the legal standard for evaluating whether a worker is an employee or an independent contractor.

Recent trends show that federal and state governments and the private insurance industry are all very concerned about the reduction of healthcare fraud, abuse, and waste, and are engaged in aggressive enforcement actions against healthcare providers alleged to have engaged in fraudulent activities.

In Chung v. Shaw, 2019 NY Slip Op 06468 (2d Dept. 2019), decided on September 11, 2019, New York’s Appellate Division, Second Department, increased a jury award for past and future pain and suffering from $25,000 to $250,000. The total pain and suffering award is notably low for a fusion surgery in New York appellate jurisprudence on the question of sustainable “reasonable compensation.”

We are pleased to report a significant Court of Appeals decision on the scope of the physician-patient privilege in New York that we anticipate will impact discovery disputes and cross-examination at trial going forward. This successful appeal was handled by New York Trial & Appellate Partners Nicholas P. Hurzeler and Sydney S. Sanchez.
 

It’s not often that we get to advise on reasonable compliance developments out of California. So, we are happy to report that on August 30, 2019, Governor Newsom signed Senate Bill 778 into law which delays the expanded sexual harassment training requirements applicable to employers with five or more employees in California.

As hurricane season begins and Florida braces for Hurricane Dorian, companies impacted by this year’s hurricanes face a host of employment law concerns, including significant challenges maintaining compliance with wage and hour laws. This alert provides general guidance about those issues under the Fair Labor Standards Act (FLSA).